Wiwirowski v. Lake Shore & Michigan Southern Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23,1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and denied a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of Dazydeury Wiwirowski, plaintiff’s intestate. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 23,1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and denied a motion for a new trial. This action was brought to recover damages for alleged negligence causing the death of Dazydeury Wiwirowski, plaintiff’s intestate. The material facts are stated in the opinion. The plaintiff failed to establish a cause of action, and freedom from negligence on the part of the defendant was shown by a preponderance of evidence. (Reynolds v. N. Y. C.…
1Opinion of the CourtHaight, J.
On the evening of October 27, 1888, at about half-past six or seven o’clock, the plaintiff, with her husband and a neighbor named Jacobowski, were walking across the defendant’s tracks along the southerly sidewalk of Oneida street in the city of Buffalo. They first approached the tracks of the Hew York Central railroad, three in number, which they passed in safety. They then entered upon the defendant’s west-bound track, and whilst attempting to cross that the two men were struck by the tender of a locomotive and killed. The locomotive was backing into the city from East Buffalo, drawing a…
2Cases cited3 opinions
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- McDonald v. . Long Island R.R. Co.New York Court of Appeals · 1889
3Cited by68 opinions
- Ham v. County of Los AngelesCalifornia Court of Appeal · 1920
- City of Indianapolis v. KeeleyIndiana Supreme Court · 1906
- Kotler v. LalleySupreme Court of Connecticut · 1930
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Tennessee Cent. R. v. HerbTennessee Supreme Court · 1915
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